Trademark Registration Process

Step 1: Trademark Search

In the first step, you need to do the proper research before selecting a trademark for your business. You need to follow the certain steps:

·         Identify the mark to be registered as trademark with the registry

·         Search the availability of the selected mark

·         Identify the class of the trademark

Step 2: Trademark form filing

Once the you have searched and selected your mark, you need to file an application in form TM-A with the registrar for registration of a trademark. After filing the application with the requisite fee and documents, the company can use the symbol ‘TM’ until the trademark approved. A single trademark application can be filed for one or multi-class.

Step 3: Allotment of application number

After filing the trademark registration application with the Registrar, an application number will be generated which helps you to track the application status online. The applicant can use the ‘TM’ symbol with the selected mark after the allotment of application number.

Step 4: Examination of application by Registrar

After trademark application is filed, trademark examiner checks the trademark application in accordance with the provisions of Trademark Act. The registrar may accept or object the application on the relative or absolute grounds.

Step 5: Examination report

Once the trademark examiner reviews the application, an examination report issued by the registry.

Step 6: Reply to the examination report

Once you get the examination report, you need to file the reply with the registrar to escape the objection raised by the trademark examiner. You need to file the reply within 30 days counted from the day of receiving the examination report. Non filing of the reply leads to abandon the trademark application.

Step 7: Advertisement of trademarks journal

If no objection is raised by the registrar or satisfied with the reply in case of objection, the trademark registrar will publish the mark in trademark journal. The filed trademark application is advertised in trademark journal to invite the public to oppose for the mark.

Step 8: Opposition from public

After publishing the trademark the third party have an opportunity to raise the objection within 90 days from the date of publication. If the third party opposed the trademark application then both the parties have the chance to appear at the hearing.

Step 9: Certificate of registration

When objections and oppositions (if any) are satisfied which are raised by the examiner or third party, then trademark registration certificate issued to the applicant. Registration of the trademark granting the exclusive use to the owner of the registered trademark. For registered trademark symbol ® has to be used.

Documents Required:

For Individuals & Sole Proprietorship

Any individual (Indian National or Foreign National) can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:

• Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.
• Signed Form-48, Form 48 is a authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
• Identity Proof of the individual or Proprietor.
• Address Proof of the individual or Proprietor.

For Partnership Firms / LLP / Companies / Small Enterprises or Startup

To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.

For Partnership / LLP / Company

In case of a partnership firm or LLP the entrepreneur would have to submit the following:

• Copy of Logo (Optional)
• Signed Form-48.
• Udyog Aadhar Registration Certificate.
• Incorporation Certificate or Partnership Deed.
• Identity Proof of Signatory.
• Address Proof of Signatory.

Other Applicants

All other applicants, including companies that do not have Udyog Aadhar registration will have to submit the following documents to obtain trademark registration in India.

• Copy of Logo (Optional)
• Signed Form-48.
• Incorporation Certificate or Partnership Deed.
• Identity Proof of Signatory.
• Address Proof of Signatory.

What is NICE classification?

The Nice Classification (NCL) is an international system used to classify goods and

services for the purposes of the registration of marks. It has total 45 classes (1-34

for products and 35-45 for services).

Class	List of Terms
Class 1	Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; Unprocessed artificial resins, unprocessed plastics; Fire extinguishing and fire prevention compositions; Tempering and soldering preparations; Substances for tanning animal skins and hides; Adhesives for use in industry; Putties and other paste fillers; Compost, manures, fertilizers; Biological preparations for use in industry and science
Class 2	Paints, varnishes, lacquers; Preservatives against rust and against deterioration of wood; Colorants, dyes; Inks for printing, marking and engraving; Raw natural resins; Metals in foil and powder form for use in painting, decorating, printing and art
Class 3	Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations
Class 4	Industrial oils and greases, wax; Lubricants; Dust absorbing, wetting and binding compositions; Fuels and illuminants; Candles and wicks for lighting
Class 5	Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for human beings and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides
Class 6	Common metals and their alloys, ores; Metal materials for building and construction; Transportable buildings of metal; Non-electric cables and wires of common metal; Small items of metal hardware; Metal containers for storage or transport; Safes
Class 7	Machines, machine tools, power-operated tools; Motors and engines, except for land vehicles; Machine coupling and transmission components, except for land vehicles; Agricultural implements, other than hand-operated hand tools; Incubators for eggs; Automatic vending machines
Class 8	Hand tools and implements, hand-operated; Cutlery; Side arms, except firearms; Razors
Class 9	Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; Recorded and downloadable media, computer software, blank digital or analogue recording and storage media; Mechanisms for coin-operated apparatus; Cash registers, calculating devices; Computers and computer peripheral devices; Diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; Fire-extinguishing apparatus
Class 10	Surgical, medical, dental and veterinary apparatus and instruments; Artificial limbs, eyes and teeth; Orthopedic articles; Suture materials; Therapeutic and assistive devices adapted for the disabled; Massage apparatus; Apparatus, devices and articles for nursing infants; Sexual activity apparatus, devices and articles
Class 11	Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes
Class 12	Vehicles; Apparatus for locomotion by land, air or water
Class 13	Firearms; Ammunition and projectiles; Explosives; Fireworks
Class 14	Precious metals and their alloys; Jewellery, precious and semi-precious stones; Horological and chronometric instruments
Class 15	Musical instruments; Music stands and stands for musical instruments; Conductors' batons
Class 16	Paper and cardboard; Printed matter; Bookbinding material; Photographs; Stationery and office requisites, except furniture; Adhesives for stationery or household purposes; Drawing materials and materials for artists; Paintbrushes; Instructional and teaching materials; Plastic sheets, films and bags for wrapping and packaging; Printers' type, printing blocks
Class 17	Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; Plastics and resins in extruded form for use in manufacture; Packing, stopping and insulating materials; Flexible pipes, tubes and hoses, not of metal
Class 18	Leather and imitations of leather; Animal skins and hides; Luggage and carrying bags; Umbrellas and parasols; Walking sticks; Whips, harness and saddlery; Collars, leashes and clothing for animals
Class 19	Materials, not of metal, for building and construction; Rigid pipes, not of metal, for building; Asphalt, pitch, tar and bitumen; Transportable buildings, not of metal; Monuments, not of metal
Class 20	Furniture, mirrors, picture frames; Containers, not of metal, for storage or transport; Unworked or semi-worked bone, horn, whalebone or mother-of-pearl; Shells; Meerschaum; Yellow amber
Class 21	Household or kitchen utensils and containers; Cookware and tableware, except forks, knives and spoons; Combs and sponges; Brushes, except paintbrushes; Brush-making materials; Articles for cleaning purposes; Unworked or semi-worked glass, except building glass; Glassware, porcelain and earthenware
Class 22	Ropes and string; Nets; Tents and tarpaulins; Awnings of textile or synthetic materials; Sails; Sacks for the transport and storage of materials in bulk; Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; Raw fibrous textile materials and substitutes therefor
Class 23	Yarns and threads, for textile use
Class 24	Textiles and substitutes for textiles; Household linen; Curtains of textile or plastic
Class 25	Clothing, footwear, headwear
Class 26	Lace, braid and embroidery, and haberdashery ribbons and bows; Buttons, hooks and eyes, pins and needles; Artificial flowers; Hair decorations; False hair
Class 27	Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings, not of textile
Class 28	Games, toys and playthings; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees
Class 29	Meat, fish, poultry and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk, cheese, butter, yoghurt and other milk products; Oils and fats for food
Class 30	Coffee, tea, cocoa and artificial coffee; Rice, pasta and noodles; Tapioca and sago; Flour and preparations made from cereals; Bread, pastries and confectionery; Chocolate; Ice cream, sorbets and other edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt, seasonings, spices, preserved herbs; Vinegar, sauces and other condiments; Ice [frozen water]
Class 31	Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; Raw and unprocessed grains and seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; Foodstuffs and beverages for animals; Malt
Class 32	Beers; Non-alcoholic beverages; Mineral and aerated waters; Fruit beverages and fruit juices; Syrups and other non-alcoholic preparations for making beverages
Class 33	Alcoholic beverages; Alcoholic preparations for making beverages
Class 34	Tobacco and tobacco substitutes; Cigarettes and cigars; Electronic cigarettes and oral vaporizers for smokers; Smokers' articles; Matches
Class 35	Advertising; Business management; Business administration; Office functions
Class 36	Insurance; Financial affairs; Monetary affairs; Real estate affairs
Class 37	Building construction; Repair; Installation services
Class 38	Telecommunications
Class 39	Transport; Packaging and storage of goods; Travel arrangement
Class 40	Treatment of materials
Class 41	Education; Providing of training; Entertainment; Sporting and cultural activities
Class 42	Scientific and technological services and research and design relating thereto; Industrial analysis and industrial research services; Design and development of computer hardware and software
Class 43	Services for providing food and drink; Temporary accommodation
Class 44	Medical services; Veterinary services; Hygienic and beauty care for human beings or animals; Agriculture, horticulture and forestry services
Class 45	Legal services; Security services for the physical protection of tangible property and individuals; Personal and social services rendered by others to meet the needs of individuals

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